RESTRICTED  
  
GPA/M/76  
 
30 September 2019  
(19-6307) Page: 1/7 
Committee on Government Procurement    
 
MINUTES OF THE FORMA L MEETING OF 2 6 JUNE 2019  
CHAIRMAN: MR CARLOS VANDERLOO  (CANADA)  
The Chair said that, in preparation for the meeting, delegations had received an Airgram1 setting 
out the proposed agenda, in addition to two related email communications . The proposed agenda 
was as follows:  
 
1. Requests for Observer Status: Ecuador and the Philippines ;  
2. Coming into force of the Agreement on Government Procurement (GPA) for Austr alia, on 
5 May 2019 ; 
3. The United Kingdom's Accession to the GPA, in its Own Right: Request for Extension of 
the Period for Submission of its Instrument of Accession and Consequential Changes to its 
Appendix I Arising from the Entry into Force of the GPA for  Australia ; and 
4. Other Business, if any.  
Regarding Other Business, the Chair said that he would recall for the benefit of delegations the dates 
that had previously been agreed for the Committee's substantive meeting s for the remainder of the 
year. No other items had been proposed by delegations  under Other Business . 
 
The Committee adopted  the agenda, with the additional information item noted above.  
 
1  REQUESTS FOR OBSERVE R STATUS: ECUADOR AN D THE PHILIPPINES  
1.1.  The Chair said that the Philippines' request for o bserver status in the Committee had been 
circulated on 7 May 2019.2 Subsequently, on 14 May 2019, Ecuador had circulated its own request 
for observer status in the Committee.3 These requests were further encouraging signs of the growing 
interest in the Agr eement and the Committee's work. To date, no delegation had signalled any 
reservation regarding either request .  
1.2.  The Committee agreed to grant  observer status  to Ecuador and the Philippines , pursuant to 
the request s that had been received from the two  Governments  and to the relevant provisions of 
the Agreement on Government Procurement  (GPA) . 
1.3.  The Chair , on behalf of the Committee, extended a warm welcome to Ecuador and the 
Philippines in their new capacities as obser vers to the Committee on Government Procurement.  
1.4.  The representative of Ecuador  thanked the Committee for granting its observer status  request . 
Ecuador had multiple priority objectives for government procurement. These comprised, among 
others: to ensure th e quality of public expenditure; to promote transparency; to avoid discretionary 
action; and to encourage and ensure the participation of reliable and competitive providers. Other 
priority objectives included: to be a catalyst for domestic production; and to modernize government 
procurement processes as a tool for achieving efficiency in the economic management of the State . 
The modernization involved, among others, the  streamlining, simplifying and tailoring of these 
                                                
1 WTO/AIR/GPA/ 18, dated  14 June 2019.  
2 GPA/148, dated 7 May 2019.  
3 GPA/149, dated 14 May 2019.  GPA/M/76  
 
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  processes . Ecuador therefore sought to promote a transparent government procurement system 
that was guided by the principles of legality, fair treatment, equality, quality, technological 
relevance, opportunity, competition, transparency, openness and local participation . 
1.5.  Ecuador was seeking to promote and expand a policy of transparency and efficient use of State 
resources. This policy, adopted by the central government, had been spearheaded by the President 
of the Republic upon his assumption of office, at a time when the government was opening  up to 
the world through stronger trade relations with other countries. Ecuador's participation as an 
observer to the Committee was of vital importance in this respect.  
1.6.  The National Public Procurement Service of Ecuador (SERCOP) had, in the context of thes e 
developments, recently emerged as a model for the Latin America region. Ecuador's drive and 
significant commitment in the area of government procurement was evidenced by its international 
recognition as one of six countries to have received advanced vali dation of their national government 
procurement systems from the Inter -American Development Bank (IADB). SERCOP sought to 
position itself as a centre of excellence on public procurement matters, and was working to increase 
transparency, efficiency and moni toring in this field through the implementation of a variety of 
strategies. Such strategies included the use of the latest technology, training of relevant officials 
and increased competition among State providers so as to optimize resources, generate savi ngs and 
bring about quality purchases.  
1.7.  SERCOP was part of the Inter -American Government Procurement Network (RICG), an 
important hemispheric mechanism for horizontal technical cooperation initiatives in the government 
procurement sphere. RICG itself had be en created in 2014 under the auspices of the Organization 
of American States, with the object to facilitate political and technical dialogue, train government 
officials, generate knowledge and strengthen the institutional capacity of the domestic governmen t 
procurement agencies of the region's 32 countries.  
1.8.  Ecuador was involved in a fervent fight against corruption, and spared no effort in instilling 
ethics in all institutions as a fundamental principle underpinning the actions of civil servants. 
Pursuant to this, a tireless restructuring process had been engaged, including a stringent audit that 
had been carried out by the Swiss firm SGS. On the basis of a recommendation by SGS, SERCOP 
had obtained certification under the international standard on anti -bribery management systems, 
ISO 37001:2016. SERCOP thus had set an example and become the first institution in the country 
with such international recognition. Having such a certification of global importance attested to the 
government's commitment to manifes ting and putting into practice the respect required in the 
management of public resources. It was anticipated that this would encourage transparency and 
institution building in the country. Ecuador was pleased to share with the Committee these positive 
steps that it had taken in the public procurement field.  
1.9.  Participating as an observer in the Committee would allow Ecuador to reinforce the country's 
transparency and anti -corruption credentials, and to participate in the main forum for sharing 
experiences a nd good practices in government procurement. It would also foster bilateral and 
multilateral international cooperation mechanisms in government procurement. Further, it would 
help to advance the international relations process begun by SERCOP. Furthermore,  through 
additional concrete steps, it would affirm on the international stage the change in Ecuador's 
economic and trade policy.  
1.10.   Ecuador was convinced that the path that it had chosen for its government procurement 
system was the right one, and that it w as only by joining the ranks of those that had adopted 
excellence as their goal that his country would be able to continue to improve its government 
procurement system. Ecuador was aiming high, and it looked to the Committee for support in this 
regard.  
1.11.   The representative of the Philippines  thanked the Committee for granting his country's request 
for observer status. He also thanked the Secretariat for sharing its expertise on the GPA through 
recent advanced government procurement workshops that it had organ ized in Geneva from 2017 
through 2019, along with a national workshop on government procurement held in the Philippines 
in 2018 . GPA/M/76  
 
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  1.12.   At the 5th trade policy review of the Philippines in March 2018, the delegation of the 
Philippines had taken note of the encouragement by Members that the Philippines consider joining 
the Agreement as an observer. As indicated at the said TPR meeting, the Philippines was already 
taking steps to create a transparent, open and fair public procurement system, founded on a sound 
legal framework, which included initiatives to open procurement opportunities to foreign suppliers.  
1.13.   The Government Procurement Reform  Act of 2003 (Republic Act No. 9184) prescribed the 
necessary rules and regulations for the modernization, standardization, and regulation of the public 
procurement activities of the Philippines Government. It mandated the establishment of the 
Government P rocurement Policy Board (GPPB) to serve as an impartial and transparent inter -agency 
body responsible for the formulation of government procurement policy and the implementation and 
monitoring of effective public procurement reform, thereby promoting and a chieving good 
governance.  
1.14.   The delegation of the Philippines included the Executive Director of the GPPB Technical 
Support Office, Attorney Rowena Ruiz, who had travelled from Manila on the occasion of the 
assumption of observer status by the Philippines in  the Committee. As the Geneva -based 
Ambassador, he wished to underscore the importance that the experts and capital -based officials 
attached to participation in WTO meetings, in light of the rich discussions that took place in both the 
informal and formal meetings.  
1.15.   The Philippines looked forward to having a better understanding of the obligations that were 
assumed by becoming a Party to the Agreement. It valued its newly acquired observer status in this 
respect. This would provide it with the opportunity to  learn more both about the implementation of 
the Agreement, and about other Members' best practices and experiences.  
1.16.   The Philippines recognized that the GPA was a key international legal instrument that 
regulated the conduct of international trade in gove rnment procurement markets. A fundamental 
aim of his Government was to mutually and beneficially open government procurement among its 
parties. It acknowledged the Agreement's objective of fair, transparent and non -discriminatory 
competition for purchases of goods and services by its Parties. More importantly, the Philippines also 
embraced the broader purpose of promoting good governance, the efficient and effective 
management of public resources, and the attainment of best value for money in national 
procu rement systems.  
1.17.   Government procurement accounted for approximately 10 -11% of the Philippines' Gross 
Domestic Product (GDP). His government was cognizant of the economic opportunity in government 
procurement, notably in opening new markets and increasing t he competitiveness of its domestic 
businesses, especially micro, small and medium enterprises (MSMEs). The Philippines fully 
appreciated its newly acquired observer status and stood ready to work constructively with all Parties 
and the Secretariat in the c ontext of the Committee's work.  
1.18.   The Chair, on behalf of the Committee , extended a warm welcome to Ecuador and the 
Philippines in their new capacities as observers to the Committee . 
1.19.   The representatives of the European Union,  the United States of America,  Japan,  Switzerland,  
Canada,  the Separate Customs Territory of Taiwan, Pe nghu, Kinmen and Matsu , the Republic of 
Korea,  Norway,  New Zealand,  Ukraine  and Singapore  warmly welcomed Ecuador and the Philippines 
in their new status as observers to the Committee. They hoped that the two delegations would take 
advantage of their obser ver status to learn more about the GPA, and looked forward to future 
cooperation with them in the work of the Committee. Further, they hoped that that the two new 
observer Governments would be encouraged to consider initiating, in the course of time, their  
respective accession processes with a view to joining the Agreement as full Parties.  
1.20.   The representative of Japan  said that g overnment procurement was an increasingly active 
and important area of policy of great significance to world trade.  She said that i t was especially 
pleasing to see economies from the Asia and Pacific region taking the step to acquire observer status 
on the Committee, a statement that was echoed by the representative of New Zealand . GPA/M/76  
 
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  1.21.   The representative of the European Union  said that the most recent accessions  demonstrated 
that becoming a full -fledged party to the GPA on mutually satisfactory conditions could be carried 
out in a quick and efficient manner .  
1.22.   The representative of the United States of America  said that i t was the hope of his delegation 
that through their respective acquired observer status,  both Ecuador and the Philippines would be 
encouraged to align their respective domestic practices more closely with those of the GPA .  
1.23.   With respect to Ecuador, the  United States was well aware of the Secretariat's recent related 
technical assistance work in the Latin America region, along with the positive engagement that the 
Chair and his predecessor had maintained with countries of the region in  connection with the GPA. 
The United States was very pleased to welcome a growing group of countries in Central and South 
America – currently  including Argentina, Brazil, Chile, Colombia, Costa Rica, Panama, Paraguay and 
now Ecuador – that were interested in learning more about the GPA and were now observers to the  
Agreement . 
1.24.   As regards the Philippines, his delegation recalled the response that the Philippines had 
provided  to a question by the United States regarding government procurement  in the context of its 
2018 trade policy review. This concerned a call to the Philippines to develop both its government 
procurement regime as well as its understanding of the GPA through attending or even hosting 
global , regional and /or national workshops in cooperation with the Secretariat and the Chair of the 
GPA Committee . 
1.25.   The representative of Switzerland  said that  his delegation  considered the GPA to be a tool to 
promote open and transparent rules of trade in government procurement, contributing to sustainable 
growth, job creation and econom ic development. His delegation had already had a privileged 
opportunity to exchange views and experiences with Ecuador about the benefits of adhering to GPA 
rules and principles in the context of the recently concluded EFTA -Ecuador Free Trade Agreement.  
1.26.   The representative of Norway  said that in the event of Ecuador and the Philippines initiating 
their respective accession processes in the future, his delegation hoped that they would use the 
opportunity to enter negotiations with the highest ambition . 
1.27.   The representative of Ukraine  said that o bserver status provided  observer governments 
access to first -hand information on WTO public procurement legislation, and practical aspect s of the 
procurement system s of GPA Parties. Ukraine remained ready to share experiences and to be helpful 
to the two observer governments both in terms of a future possible GPA accession and of public e-
procurement system development.  
1.28.   The representative of Singapore  said that her delegation stood ready to exchange information 
and collaborate with the new observer  governments.  
1.29.   Concluding, the Chair, on behalf of all Parties, encouraged both Ecuador and the Philippines 
to be active as observers in the Committee, and to take advantage of the benefits conferred by 
observer status. The Secretariat , meanwhile,  remained available to offer technical assistance 
whenever  this was of interest , upon receipt of an appropriate request. He echoed the views 
expressed by many delegations that the two new observer governments consider taking the next 
step in launching their respecti ve accession processes at an appropriate time in the future . 
1.30.   The representative of Ecuador  thanked delegations for the ir openness. Ecuador was of the 
view that the Committee provided a forum  for the exchange of good practices . Ecuador was looking 
forward t o a positive experience in its participation in the Committee, in addition to drawing all the 
other benefits from the multilateral trading system . 
1.31.   The representative of the Philippines  expressed his gratitude for the warm words of welcome 
that had been expressed by all the delegations. His delegation had taken note of all the statements 
made and would reflect upon them in the capital. He looked forward to the active engagement of 
the ca pital-based delegation in the future meetings and work of the Committee . GPA/M/76  
 
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  2  COMING INTO FORCE OF  THE GPA  FOR AUSTRALIA, ON 5 MAY 2019  
2.1.  The Chair recalled that Australia had deposited its instrument of accession on 5 April 2019.4 
The GPA had therefore entered i nto force for it on 5  May 2019.4 On behalf of the Committee, he 
once again congratulated Australia on this important achievement, and warmly welcomed it to its 
first Committee meeting as a full -fledged Party. He thank ed Australia also for its efficiency in having 
already circulated its notification of its thresholds in national currency for 2019 .5 
2.2.  The representative of Australia  said that  her delegation  considered  it a great pleasure to be 
attending a GPA Committee meeting for the first time as a full -fledged Party to the GPA. She thanked 
the Parties, the Chair and the Secretariat for their encouragement and support, which had seen  
Australia become the 48th WTO Member to be bound by the GPA on 5 May. This was a positive 
outcome for Australia, for the Parties to the Agreement and for the multilateral trading system. It 
was also a recognition of the commercially meaningful and ambitious coverage that Australia 
provide d. 
2.3.  In the past few  days, Australia had already demonstrated its intent to actively engage in the 
work of the Committee. Her delegation had , in the course of the present meeting week,  enjoyed the 
opportunity to meet with acceding Members, to engage existing Parties, and to contribute to the 
Committee 's Work Programmes. To WTO Members currently seeking to accede  to the Agreement , 
she expressed the hope  that Australia 's accession demonst rated that an ambitious approach would 
facilitate a quick and efficient accession process. Australia was ready to engage constructively with 
delegations  and looked forward to many fruitful discussions  going forward . She congratulated the 
Committee, the Chair and the Secretariat, Australia 's hard -working negotiating team and all others 
who had participated actively and constructively in Australia 's accession  process . Australia was 
delighted to be a full -fledged, fully -committed and like -minded Party to the A greement.  
2.4.  The representatives  of Japan , the European Union , the Republic of Korea , Canada , the United 
States of America , Switzerland , New Zealand , Norway , Ukraine  and Singapore  warmly congratulated 
Australia  on the entry into force of the GPA for it, and f or its open and constructive engagement 
throughout its accession process. They looked forward to the active participation of Australia in the 
work of the Committee, and to future cooperation with Australia, including in the context of the 
Committee's Work Programmes.  
2.5.  The representative of Japan , echoed by the representative of Ukraine , looked forward to 
Australia injecting fresh ideas and new insights into the work of the Committee.  
2.6.  The representative of the United States of America  said that his delegation considered it very 
important that Australia had become a full Party to the Agreement. The United States  congratulate d 
Australia's entire negotiating team, both Geneva - and Canberra -based, for this important milestone , 
and thanked the delegation of Australia for its professionalism and willingness to engage and 
participate in the full range of the Committee's activities . 
2.7.  The Chair noted that in their various statements, delegations had made consistent reference 
to their looking forward to the participation by and active engagement of Australia in the work of 
the Committee.  
3  THE UNITED KINGDOM'S  ACCESSION TO THE GP A, IN ITS OWN RIGH T: REQUEST FOR 
EXTENSION OF THE PER IOD FOR SUBMISSION O F ITS INSTRUMENT OF ACCESSION AND 
CONSEQUENTIAL CHANGE S TO ITS APPENDIX I ARISING FROM THE ENT RY INTO FORCE 
OF THE GPA FOR AUSTR ALIA  
3.1.  The Chair recalled that the Committee's Decision regarding the Unite d Kingdom's accession to 
the GPA in its own right (GPA/CD/2 of 28 February 2019) allowed the United Kingdom to deposit its 
instrument of accession within six months of the date on which the Decision had been  adopted – 
that is to say, by 27 August 2019. Sub sequent to that decision, there had been two pertinent 
developments. First, on 11 April 2019, the United Kingdom and the European Union had agreed on 
an extension for the process of the United Kingdom withdrawing from the European Union by six 
                                                
4 WT/LET/1429, dated 16 April 2019.  
5 GPA/THR/AUS/1, dated 13 June 2019.  GPA/M/76  
 
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  months, to 3 1 October 2019. Secondly, on 5 May 2019, the Agreement  had entered into force for 
Australia . 
3.2.  In light of these developments and in accordance with the terms of paragraph 3.b. of Decision 
GPA/CD/2, the delegation of the United Kingdom  had, on 14 June 2019, requested that the 
Committee extend the period for it to deposit its instrument of accession by six months, that is until 
27 February 2020, and that the Committee also approve consequential changes to its Appendix I 
arising from the entry into force of the  GPA for Australia.6 The draft Decision that was the subject of 
the present agenda item had, at his request, been circulated by the Secretariat for consideration 
and possible adoption by the Committee.7 
3.3.  The Committee adopted  the decision set out as a draft  in document GPA/ACC/GBR/22, dated 
14 June 2019.8 
3.4.  The representative of the United Kingdom , on behalf of his Government, expressed his 
gratitude to all Parties  for the constructive discussions that his delegation  had had with them during 
the course of the recent months r egarding the issues that were the subject of the Decision that had 
just been adopted . In particular, his delegation  was appreciative of delegations' understanding of 
the need for the two elements reflected in  the Decision. Firstly, recen t events had rendered 
necessary the request that had been made by the United Kingdom for an extension of the period for 
the deposit  of the United Kingdom's instrument of accession. The adoption of the present decision 
reflected the continuing belief by all  Parties that ensuring the United Kingdom's  continued 
participation in the GPA remained a common objective of the Committee and that the benefits of 
such participation accrued to all Parties . 
3.5.  Secondly, the Decision reflected the necessary consequential cha nges that needed to be made 
to the United Kingdom's annexes to Appendix I following the entry into force of the Agreement  for 
Australia. These consequential amendments were thoroughly intended to incorporate Australia into 
the United Kingdom's offer in ord er to ensure continuity for Australia and the United Kingdom after 
the United Kingdom left the European Union . His delegation was particularly grateful for the positive 
contact s that it had had with the Australian delegation on these consequential amendmen ts. The 
United Kingdom was delighted by Australia's accession to the Agreement . It looked forward to a 
fruitful working partnership with Australia on procurement matters in the future . 
3.6.  His delegation also extended its warm thanks to the Chair for his encou ragement , and to 
Mr Reto Malacrida in his new role as Secretary to the Committee and GPA Team Leader. It look ed 
forward to fruitful working relations with the Chair, the Secretariat and all Parties .  
3.7.  The representative of the European Union  recalled that t he United Kingdom remained covered 
by the Agreement on Government Procurement as a member State of the European Union until the 
date of its withdrawal from the European Union or, if the European Union and the United Kingdom 
concluded an agreement that prov ided for a transition period during which European Union law would 
apply to and in the United Kingdom, until the date of expiry of that transition period. The Commission 
of the European Union accordingly continued to represent the European Union as regards  all matters 
related to the GPA . 
3.8.  The representative of Japan  expressed her appreciation for the Chair's email communication of 
19 June 2019, in particular paragraph 1.3 , which provided relevant  background information  
describing the necessity for the Decisi on. In the event of this matter needing again to be placed on 
the agenda of the Committee's meeting in February 2020, Japan would similarly request that 
relevant and pertinent information be circulated in advance by either the Secretariat or the 
delegation of the United Kingdom in order to facilitate delegations' consideration of the relevant 
issues with proper understanding . 
3.9.  The representative of the Republic of Korea  said that his delegation agreed with the necessity 
for an ext ension to the period for the United Kingdom to deposit its instrument of accession. Korea 
hoped that the United Kingdom  would complete the remaining domestic procedures and deposit its 
instrument of accession to the GPA in its own right within the designat ed period, ensuring that there 
                                                
6 GPA/ACC/GBR/21, of 14 June 2019.  
7 GPA/ACC/GBR/22, dated 14 June 2019.  
8 Subsequently circulated as GPA/CD/2/Add.1 , dated 26 June 2019.  GPA/M/76  
 
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  was no gap in market coverage. Further, Korea wished to reiterate the importance of resolving the 
remaining bilateral issue between it and the United Kingdom as soon as possible . 
3.10.   The Chair thanked the Parties for the ir contin ued pragmatism, flexibility, understanding and 
engagement. He also expressed his continued thanks to both the European Union and the United 
Kingdom for their close engagement. He looked forward to the full and satisfactory closure of this 
file very shortly . 
4  OTHER BUSINESS  
4.1.  The Chair  recalled that the dates that had previously been reserved9 for the final substantive 
meeting week  of the Committee in 2019  were the week beginning 21  October 2019, including 
plurilateral sessions that would normally be held on We dnesday, 23 October 2019 . 
4.2.  For completeness, the above dates were exclusive of the Committee's end -of-year 
housekeeping meeting, to be scheduled, at which participation by Geneva -based officials only would 
be expected, and any other short meetings, similarl y covered by Geneva officials, that might be 
necessary to respond to contingencies.  He proposed that for planning purposes the Committee 
discuss possible dates for the 2019 end -of-year housekeeping meeting, as well as for the meetings 
of the Committee in 2 020, in the informal closing session  that would conclude the day's meetings.10 
 
__________  
                                                
9 RD/GPA/ 70, dated 21 November 2018. 
10 Subsequently discussed and agreed as follows (RD/GPA/86, dated 28 June 2019): (i) Wednesday, 
4 December 2019  for the 2019  housekeeping Formal Meeting ; (ii) t he week beginning 24 February 2020, 
including plurilateral sessions that would normally be held on  Wednesday, 26 February 2020 ; (iii) t he week 
beginning 4 May 2020, including plurilateral sessions that would normally be held on Wednesday, 6 May 2020 . 
This date was earlier than usual  in light  of the 12th Ministerial Conference of the WTO ( MC12 ), which w as 
scheduled for early June 2020 , in order to facilitate participation by capital -based officials  in both meetings as 
deemed as appropriate by delegations; (iv) t he week beginning 5 October 2020, including plurilateral sessions 
that would normally be held on Wednesday, 7 October 2020 ; and, finally, (v) Wednesday 18 November 2020 , 
for the 2020  housekeeping Formal Meeting .